Kalaam Urf Abul Kalaam and 2 Others vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

Kalaam Urf Abul Kalaam and 2 Others vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Interim order (application not finally decided): no coercive action against applicants till next date of listing; compromise to be filed before the trial court within 15 days; parties to appear on 25.08.2025 for verification; verification report and supplementary affidavit on compromise status within two weeks; case to be listed on 15.09.2025 as fresh.

Issue for consideration

Whether the entire proceeding of Case No.97 of 2007 (State Vs. Kalaam and others) under sections 323, 324 IPC, the charge sheet No.107 of 2006 and the summoning order dated 04.01.2007 ought to be quashed in view of the compromise between the applicants and opposite party nos.2 and 3.

Court's answer

Interim protection: till the next date of listing, no coercive action shall be taken against the applicants in the aforesaid case.

Ratio / Principle

The aforesaid compromise is directed to be filed in the court of learned Additional Chief Judicial Magistrate-VIII, Varanasi within 15 days.

Key takeaways

Both parties directed to appear before the learned court concerned on 25.08.2025 for verification of the compromise.ratio¶11
The learned court concerned shall verify the compromise in the presence of both parties and submit a compromise verification report within two weeks thereafter.ratio¶12
Learned counsel for the applicant to file a supplementary affidavit bringing on record the status of the compromise within two weeks after verification of compromise.

Detailed headnote1 paragraphs

Allahabad High Court (Jitendra Kumar Sinha, J.) — Application under Section 528 BNSS (No. 21123 of 2025) by Kalaam Urf Abul Kalaam and 2 others seeking quashing of the entire proceeding of Case No.97 of 2007 (State Vs. Kalaam and others) under sections 323, 324 IPC, Police Station Jaitpura, District Varanasi, charge sheet No.107 of 2006 dated 28.11.2006 arising out of Case Crime No.169 of 2006, and the summoning order dated 04.01.2007 passed by learned Additional Chief Judicial Magistrate-VIII, Varanasi, on the ground that the matter stands compromised between the applicants and opposite party nos.2 and 3, which compromise is annexed as annexure no.6 and is not disputed by counsel for the opposite parties or the State. The Court did not finally decide the quashing petition; it issued directions: the compromise to be filed before the trial court within 15 days; both parties to appear before the court concerned on 25.08.2025 for verification; trial court to verify the compromise and submit a verification report within two weeks thereafter; applicants' counsel to file a supplementary affidavit on the status of the compromise within two weeks after verification; and, as interim protection, no coercive action against the applicants till the next date. Matter listed on 15.09.2025 as fresh.

Court No. - 71

Case :- APPLICATION U/S 528 BNSS No. - 21123 of 2025

Applicant :- Kalaam Urf Abul Kalaam And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rajesh Kumar Tiwari Counsel for Opposite Party :- G.A.

Hon'ble Jitendra Kumar Sinha,J.

Sri Jagdish Prasad Mishra, Advocate, has filed his vakalatnama on behalf of the opposite party nos.2 and 3, which is taken on record.

Case is taken up on mention.

Heard Sri Rajesh Kumar Tiwari, learned counsel for the applicants, Sri Jagdish Prasad Mishra,, learned counsel for the opposite party nos.2 and 3, Sri Shiv Pratap Singh, learned AGA for the State-opposite party no.1.

The present application has been filed by the applicants with the prayer to quash entire proceeding of Case No.97 of 2007(State Vs. Kalaam and others), under sections 323, 324, IPC, Police Station Jaitpura, District Varanasi as well as charge sheet No.107 of 2006 dated 28.11.2006, arising out of Case Crime No.169 of 2006, pending before the learned Additional Chief Judicial MagistrateVIII, Varanasi and also quash the summoning order dated 04.01.2007, passed by learned Additional Chief Judicial Magistrate-VIII, Varanasi.

It is contended by learned counsel for the applicants that matter has been compromised between the applicants and opposite party nos.2 and 3 and the compromise has been annexed as annexure no.6 to the application.

Learned counsel for opposite party no.2 and 3 as well as learned AGA for the State have agreed with the aforesaid contention of learned counsel of the applicants.

In view of the above, it is directed that aforesaid compromise be filed in the court learned Additional Chief Judicial MagistrateVIII, Varanasi within 15 days from today. Both the parties are directed to appear before the learned court concerned on 25.08.2025 for verification of compromise.

Learned court concerned shall verify the compromise in the presence of both the parties and submit a compromise verification report within two weeks thereafter.

Learned counsel for the applicant shall also file a supplementary affidavit bringing on record the status of the compromise within two weeks, after verification of compromise.

List this case on 15.09.2025 as fresh.

Till the next date of listing, no coercive action shall be taken against the applicants in the aforesaid case.

Order Date :- 6.8.2025 VKG

Digitally signed by :- VIJAY KUMAR GUPTA High Court of Judicature at Allahabad